Wayne council votes to oppose bids bill

WAYNE – The Township Council recently voted on a resolution opposing Senate Bill 2216 and Assembly Bill 947, both of which require municipalities, counties, and local authorities to release names of parties who have received bid documents prior to the bid opening once three or more bids were received.

The bill passed the Assembly 59-16-3 in June and it now awaits consideration by the Senate Committee and Urban Affairs Committee.

The resolution came on the coattails of The New Jersey State League of Municipalities, who are urging towns to show opposition towards it as they fear releasing the list prior to a bid opening could limit competition driving up costs for taxpayers.

According to the league, the release of the bidders' list would have to be made available in a timely manner per the Open Public Records Act. Municipalities would also have the option to post the list on their websites. Failure to release this information would prohibit a township from accepting the bids and would call for re-advertising for bids.

"We already participate in a fair and open bidding process. And this measure would do nothing to improve our process," said Lonni Miller Ryan, councilwoman-at-large.

The league fears these bills will lead to bid rigging, force municipalities to create and maintain a record, and that the arbitrary benchmark for the "three bids or more" will lead to costly litigation further they question if a person requests a copy of the bidders' list but at that time only two bid packets have been released and 20 minutes later a third person obtains a bid packet, what would be the municipality's responsibility to the person requesting the list, are among the concerns the league has, which is why they are reaching out to municipalities for support.

"Why should a competitor know who bid before they did?" questioned Councilman Joseph Scuralli. "Then they would know who the competition is and maybe raise their prices therefore costing taxpayers more. In no way is this bill a benefit to the taxpayers. Sealed bidding is always the fairest way. This could also discourage people from bidding, which could also make the prices higher too."